Vietnam: Appraising request for formulation of law/ordinance to be submitted by the Government

Specifically, according to Article 39 of the Law on Promulgation of legislative documents 2015 of Vietnam, the Ministry or ministerial agency that makes the request for law/ordinance formulation shall send the application to the Ministry of Justice for appraisal. The application consists of the following documents:

- A description of the request for law/ordinance formulation which specifies:

+ The necessity of such law/ordinance;

+ Purposes and viewpoints on the law/ordinance formulation;

+ Entities regulated by the law/ordinance;

+ Targets, contents of proposed policies, solution for implementation thereof, and reasons for choosing such solution;

+ Estimated resources and conditions for ensuring implementation of the law/ordinance after it is ratified by the National Assembly or Standing Committee of the National Assembly;

+ Intended time for submitting to the National Assembly or Standing Committee of the National Assembly for consideration and ratification;

- Report on assessment of impact of proposed policies;

- Report on implementation of law or social relationships related to the request for law/ordinance formulation;

- A report on receipt of opinions from the Ministry of Finance, the Ministry of Home Affairs, the Ministry of Foreign Affairs, the Ministry of Justice, and other agencies; photocopies of the enquiry sheets;

- The outline of the draft law/ordinance.

The appraisal shall focus on:

- Necessity of the law/ordinance; entities regulated by the law/ordinance;

- Conformity of the proposed policies with policies of Communist Party and the State;

- The constitutionality, legitimacy, and consistency of policies with the legal system; feasibility and … of the proposed policies; solutions and conditions for ensuring implementation of the proposed policies;

- Compatibility of the proposed policies with relevant international agreements to which Socialist Republic of Vietnam is a signatory;

- Necessity, reasonability, cost of administrative procedures of proposed policies (if they are related to administrative procedures); integration of gender equality in the request for law/ordinance formulation (if they are related to gender equality);

- Adherence to procedures for requesting law/ordinance formulation.

The appraisal report must contain opinions of the Ministry of Justice about the appraised contents and whether or not the request for law/ordinance formulation is satisfactory enough to be submitted to the Prime Minister, concurrently, must be sent to the Ministry or ministerial agency that makes the request for law/ordinance formulation within 10 days from the end of the appraisal.

The requesting agency shall consider the opinions given and revise, complete the request for law/ordinance formulation, send the revised request for law/ordinance formulation together with the feedback report to the Ministry of Justice when submitting it to the Government.

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